McLean v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street Railway Company, from an order of the Appellate Term of the Supreme Court, entered on the 19tli day of March, 1904, affirming a judgment of the Municipal Court of the city of New York in favor of the plaintiff, entered on the 2d day of November, 1903.
1Opinion of the Court
O’Brien, J.:
This action is brought to recover four penalties claimed by the plaintiff to have been incurred by the defendant through its refusal to transfer him while a passenger upon its railway system from one of its lines to another, as required by section 104 of the Railroad Law (Gen. Laws, chap. 39; Laws of 1890, chap. 565, § 105, as renumbered and amd. by Laws of 1892, chap. 676).
Upon the trial and under his first cause of action the plaintiff testified that on July 30, 1903, he left his office in the southern part of New York and boarded a surface car upon the Eighth avenue line of…
2Cases cited2 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- O'Reilly v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
3Cited by1 opinion
- Hennion v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906